IDEAS home Printed from https://ideas.repec.org/p/erp/jeanmo/p0248.html
   My bibliography  Save this paper

Economic Constitutionalism(s) in a Time of Uneasiness - Comparative Study on the Economic Constitutional Identities of Italy, the WTO and the EU

Author

Listed:
  • Marco Dani

Abstract

Abstract: Constitutionalism has developed in the last two centuries almost exclusively in context of the state. Particularly, its categories and institutional solutions have been fashioned in respect to the functional concerns progressively assumed by the state form of government. In the current situation, a massive process of re-organization of the public space is taking place. States are outsourcing their functions to commonly established international or supranational agencies which often originate autonomous legal orders and, in some cases, even claim constitutional status. This paper advocates the idea that the monopoly on constitutionalism by the states may be considered an historical contingency and that the ideal inherent in constitutionalism – to achieve fundamental objectives by enabling and limiting political institutions – may be developed also in non-state contexts, originating autonomous constitutional spheres and doctrinal categories in the light of the functional concerns of post-national units. This paper tests this general thesis in respect to economic constitutionalism(s). After questioning the exclusively state-centered approaches to constitutionalism, a core of constitutional elements shared by the Italian (as a sample of the EU member states), the WTO and EU legal orders is singled out. The concept of Economic Constitutional Identity (ECI) is therefore introduced as the most appropriate device to investigate, according to the methodology of comparative law, the attitudes towards the economic issues of the legal orders at hand. Hence, the ECIs of Italy, the WTO and the EU are analyzed in detail by stressing in turn their divergent and convergent elements. On the basis of this more specific understanding of the characters of the ECIs, criteria for interpreting their interactions are provided in the light of the idea of benefiting from (rather than being concerned with) the uneasiness caused by their diversity.

Suggested Citation

  • Marco Dani, 2005. "Economic Constitutionalism(s) in a Time of Uneasiness - Comparative Study on the Economic Constitutional Identities of Italy, the WTO and the EU," Jean Monnet Working Papers 8, Jean Monnet Chair.
  • Handle: RePEc:erp:jeanmo:p0248
    as

    Download full text from publisher

    File URL: http://centers.law.nyu.edu/jeanmonnet/papers/05/050801.html
    File Function: Contents/abstract
    Download Restriction: no

    File URL: http://centers.law.nyu.edu/jeanmonnet/papers/050801.pdf
    File Function: Part of text
    Download Restriction: no

    More about this item

    Keywords

    comparative law; economic law; WTO; Italy;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:erp:jeanmo:p0248. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Charlie Pike). General contact details of provider: http://www.jeanmonnetprogram.org/ .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.